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Although the Schengen Convention has been in force since March 1995, no book has to date attempted an interpretation of the three authentic versions of the Convention in the light of a comparative study of applicable norms in the five original Schengen countries. This book is the result of a five-year study of the law applicable to the police in five countries (Belgium, The Netherlands, Luxembourg, France and Germany) and the possible impact of the differences on the application of the Schengen Convention. Moreover, the European Convention on Human Rights is used as a standard minimum for the interpretation. This book is an important tool for all practitioners in the field of cross-border criminal procedure law.
This book offers an insight into the historical, institutional and topical development of the EU policy in the areas of justice, home affairs and security, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on relevant cooperation on the Benelux and Schengen levels and followed by a part on cooperation in the areas concerned on Council of Europe, NATO, OSCE, G8, OECD and UN levels. Without a proper understanding of those cooperation levels, the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of institutional structures and functioning. For students and professionals in criminology, law and political science, and every one interested in European and international criminal policy making this book will prove relevant or insightful.
The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Discusses judicial control of foreign evidence in comparative perspective
This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavia; the allocation of criminal law power in the European Union; police cooperation in the border areas of the Member States; the criminalization of white collar crime; the establishment of European police services and of a European Public Prosecutor’s Office; new forms of criminal justice cooperation between the Member States; and many others. The journal's unique multidisciplinary approach and its commitment to offer insights from a wide variety of European countries and language areas ensure that a varied range of perspectives are offered on the topics discussed. The result is an enlightening and highly readable anthology, shedding light on the extraordinary developments that have taken place in the area of crime and punishment in Europe.
The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.
This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts. It covers all the major areas of transnational crime, providing a well-rounded, detailed discussion of each topic, and includes chapters focusing on responses to transnational crime in specific regions.
In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.